A charged title refers to land or property that has been used as security for a loan or financial obligation. Upon full repayment of the loan, the charge (mortgage) must be discharged to release the lender’s interest from the title. The discharge process involves legal and administrative steps to ensure that the borrower's ownership is free from encumbrances.
Kenya’s real estate sector attracts foreign investors due to its economic growth, urban development, and tourism potential. However, land ownership for non-citizens is regulated by the Constitution of Kenya (2010) and other land laws to prevent unrestricted foreign control of land.
Kenya’s real estate sector attracts foreign investors due to its economic growth, urban development, and tourism potential. However, land ownership for non-citizens is regulated by the Constitution of Kenya (2010) and other land laws to prevent unrestricted foreign control of land.
Selling property in Kenya involves several legal processes to ensure that the transaction is valid, protects both parties, and is compliant with the country’s land laws. Below is a detailed breakdown of the legal requirements a seller must fulfill before transferring ownership to a buyer.
Land fraud is a growing concern in Kenya, with unsuspecting buyers falling victim to fraudulent schemes. Below are some common fraud schemes and how to avoid them.
Conveyancing is the legal process of transferring ownership of property from one party to another. In Kenya, this process involves several legal steps to ensure that the buyer acquires a legitimate title to the property and that the seller fulfills all legal obligations.
The law allows voluntary striking off of companies, also known as deregistration of a company. A company which is dormant, not engaged in trading or not holding any assets or liabilities can be struck off the register of companies upon application of the directors, or majority of the directors (section 897 of the Companies Act).
One of the greatest challenge that hinder business progress is unresolved disputes. If left unresolved, disputes interfere with business interests and achieving of the business goals. It also exposes the business to loss, both financial loss and loss of good customers/clients.
In a land Sale/Purchase transaction, a ‘Sale Agreement’ or ‘Agreement for Sale’ is an agreement entered into by the Buyer and Seller. It sets out all the essential terms of the transaction and the rights/obligations of the parties. It binds the parties to the Sale.
Employees are entitled to gainful employment that provides a wage that is competitive given the talent of an individual and the demands of the job. Employers should at all times observe the minimum wage where applicable.
A Parental Responsibility Agreement (PRA) is a legal document that outlines the responsibilities and rights of parents towards their child or children. In Kenya, parental responsibility agreements are governed by the Children Act.
Mediation plays a significant role in the resolution of family disputes, offering an alternative to traditional litigation. Mediation focuses on collaboration, communication and mutual agreement.
A Will in Kenya must include several key components to ensure it is legally valid and effective.
A will allows you to clearly state how you want your assets to be distributed after your death. It ensures that your property is allocated according to your wishes, rather than being left to the default rules of intestate succession.
Matrimonial property in Kenya refers to properties acquired by spouses during the course of their marriage.
Estate planning is the process of organizing and managing your assets and affairs to ensure their efficient transfer and distribution upon your death or incapacitation